Chhotan Tiwari @ Chhotan Kumar @ Chhotgem Tiweri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47420 of 2024 Arising Out of PS. Case No.-172 Year-2024 Thana- DHAKA District- East Champaran ====================================================== 1.

Chhotan Tiwari @ Chhotan Kumar @ Chhotgem Tiweri Son Of Krishna Nandan Tiwari Village- Ejorbada, P.S.- Fanhara, Distt.- East Champaran,Motihari 2.

Bhikhu Kumar Son Of Ramshree Thakur Village- Govindbara, P.S.- Fanhara, Distt.- East Champaran,Motihari 3.

Brajesh Kumar Son Of Late Bharat Sah Village- Ejorbada, P.S.- Fanhara, Distt.- East Champaran,Motihari ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Section 414 of the Indian Penal Code and Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act, registered in connection with Dhaka P.S. Case No. 172 of 2024.

3. As per prosecution case, there has been recovery of total 144 liters of liquor from two vehicles and the petitioners were sat inside the vehicle.

4. The learned counsel for the petitioners has submitted that they have been falsely implicated in this case and

Patna High Court CR. MISC. No.47420 of 2024(2) dt.11-07-2024 2/2 have committed no offence. No incriminating article has been recovered from the conscious possession of the petitioners. Petitioners have no concern either with the seized vehicles or with the alleged recovery. Moreover, petitioners are a person of clean antecedent and they are in custody since 28.04.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Civil Court, East Champaran, Motihari in connection with Dhaka P.S. Case No. 172 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T